Abhijeet Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4297 of 2023 ====================================================== Abhijeet Kumar, Son of Late Prem Nath Ram, Resident of Daxin Tola, Village- Tarwara, P.S. G.B. Nagar, Distirct- Siwan. ... ... Petitioner

Versus

1.

The Union of India through the Secretary, Ministry of Labour and Employment, Government of India.

2.

The Employees' Provident Fund Organisation India through its Chief Executive Officer, Bhavishya Nidhi Bhawan,14, Bhikaji Cama Place, New Delhi.

3.

The Central Provident Fund Commissioner cum The Chief Executive Officer, The Employees' Provident Fund Organisation India, Bhavishya Nidhi Bhawan, 14, Bhikaji Cama Place, New Delhi. 4.

The Additional Central Provident Fund Commissioner, Zonal ACC Office (Bihar and Jharkhand), The Employees' Provident Fund Organisation India, Patna.

5.

Regional Provident Find Commissioner-II, Regional Office, The Employees' Provident Fund Organisation India, Bhagalpur. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Himanshu Kumar Akela, Advocate For the EPFO :

Mr. Prashant Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-05-2023 On a preliminary objection having been taken on behalf of the respondent nos. 2 to 5 on the strength of the Gazette notification dated 02.05.1986 pointing out that the remedy of the petitioner, if any, would lie before the Central Administrative Tribunal (hereinafter referred to as "the Tribunal"), learned counsel for the petitioner seeks permission to withdraw this application with liberty to file a fresh application in accordance with law before the Tribunal at Patna. Permission is granted.

Patna High Court CWJC No.4297 of 2023(3) dt.03-05-2023 2/2 This application is, therefore, dismissed as withdrawn but with liberty to the petitioner to avail his remedy in accordance with the law before the Tribunal, Patna. If any such application is filed within a period of 30 days from today, the same will be considered by the Tribunal. The question of limitation, if any, will be considered keeping in view that the petitioner was pursuing his remedy before this Court under some bonafide beliefs. (Rajeev Ranjan Prasad, J) lekhi/- U